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Updated over 4 years ago on . Most recent reply

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Scott Reynolds
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Ways to figure out HELOC amount on a first position lien

Scott Reynolds
Posted

Thinking about bidding on a house (for a personal residence), which is somewhat complicated with four liens against it. The foreclosure auction is actually for the second position lien, which was a private business loan. The owner defaulted on it and had put their house up as collateral. The first position lien is a HELOC. It seems as though the owner purchased the house in cash (they were fairly well off initially) as far as I can tell from the title search.

The HELOC was for up to $250,000. Since they were in trouble and took out (several) business loans which they didn't pay off, I'm assuming the HELOC is maxed. If it is, the property would be a marginal deal, and I probably wouldn't buy.

SO, is there a way that I can figure out how much was taken out on the HELOC? I checked the foreclosure file at the courthouse, and there isn't any information on it. It looks like the bank started the foreclosure process for the HELOC, but was - assumedly - stopped by the CARES act, whereas the second position lien, the business loan, was allowed to proceed since it wasn't a home loan.

The goal would be to win the auction (it's in an upset period, but no one has bid on it yet, concerningly) and then pay off the HELOC with hard money, and then refinance.

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